Abhay Narayan Mahto @ Abhey Narayan Mahto @ Sanjay Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9977 of 2019 Arising Out of PS. Case No.-270 Year-2017 Thana- DHAMDAHA District- Purnia ====================================================== ABHAY NARAYAN MAHTO @ ABHEY NARAYAN MAHTO @ SANJAY MAHTO aged about 58 years (M) Son of Late Ram Sharan Mahto Resident of Village- Dhamdaha (North), P.S.- Dhamdaha District- Purnea. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Singh For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 19-02-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Dhamdaha P.S. Case No. 270 of 2017 registered for the offence punishable under Sections 420, 467, 468, 471, 506, 34 of the Indian Penal Code. Informant has alleged that a piece and parcel of land was in her favour and the petitioner along with three others are creating hindrance in mutation in the name of the informant and always threatened the informant and family members with dire consequences.

It has been submitted on behalf of the petitioner that he

Patna High Court Cr.Misc. No.9977 of 2019(2) dt.19-02-2019 2/3 is innocent and has been falsely implicated in this case. It has further been submitted that petitioner and his family members have been duped by the owner of the disputed land and the petitioner has no intention to cheat anybody. Petitioner is in custody since 03.08.2017. Similarly placed co-accused has already been granted bail by a co-ordinate Bench of this Court as contained in Annexure-2.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with Dhamdaha P.S. Case No. 270 of 2017, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

Patna High Court Cr.Misc. No.9977 of 2019(2) dt.19-02-2019 3/3

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U T